MercoPress. South Atlantic News Agency

Chilean rescued miners file 16 million dollars compensation lawsuit

Last October 33 trapped miners were rescued from 700 metres below ground

Thirty-one of the 33 Chilean miners rescued last year from the bottom of the San José mine filed a lawsuit late last week against the government agency that was supposed to have monitored the safety of the mine. The 33 miners were miraculously rescues after surviving nearly two months underground.

“This is not a lawsuit against the government,” Mario Sepúlveda, one of the rescued miners, told La Tercera on Saturday. “Our actions are directed at the National Geology and Mining Service (Sernageomin).”

The suit, which was filed by attorney Edgardo Reinoso in representation of the 31 miners on Friday, seeks over US $16 million in compensation from Sernageomin. Each miner would receive US $515,000.

The miners hope the case will set a precedent and force Sernageomin to do its job.

According to Dafne Rossel, a member at attorney Reinoso’s firm, San José, which is located in Chile’s northern Atacama Desert, had received a warning from Sernageomin prior to the accident for failing to meet safety standards.

“Sernageomin asked that repairs be made at the San José mine,” Rossel told La Tercera. “Regulations were violated, yet the mine continued to function.”

“The only thing I want is justice, to set an example to the world,” added Sepúlveda. “If this mistake had been made by a foreman or some poor supervisor, it’s a sure bet that person would end up in jail.”

Surviving miners Juan Illanes and Raul Bustos refused to participate in the lawsuit as they believe the mine’s owners should be targeted instead of the government. Osman Araya, who was reported in La Tercera as trying to make a living by working a fruit and vegetable stand, said he had not been informed by his former colleagues of the lawsuit.

Since the accident that left them stranded 700 metres below the surface, many of the miners have found it difficult to rebuild their lives. In early July, 14 of the 33 survivors approached the Interior Ministry seeking early retirement and disability pensions, citing chronic physical and psychological problems stemming from the incident.

Though the aftermath is not without some silver linings (survivor Pablo Rojas has gone on to start up a mining facility of his own, according to El Mercurio), most survivors, such as José Ojeda, were so traumatized by their experience that they have not been able to set foot in another mine. Since most have been mining for almost all of their lives and have only elementary education, their work options are limited.

The San Esteban Primera mining company, which owned the San José mine at the time of the accident, was already well-known for its precarious mining facilities. Shortly after the accident, San Esteban company attorney Herman Tanue said the company was considering filing for bankruptcy.

2010 saw more accidents recorded than any other year in the decade. According to Ciperchile, there were 45 deaths between 2000 and 2010.

By Ivan Ebergenyi – The Santiago Times